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January 28, 2014

Berkowitz Oliver win breach of written and implied warranty case

In the week of January 20, 2014, Laura Brooks and John Kemp successfully defended a major automobile manufacturer in a breach of written and implied warranty case.  Plaintiff alleged that her car’s touch screen and cell phone syncing features were defective when the she purchased the vehicle and that the defendant was unable to repair the alleged defect in a reasonable number of attempts.  Mr. Kemp and Ms. Brooks put on expert testimony to refute these allegations. The Clay County jury found for the defense on the breach of written warranty claim and awarded plaintiff a fraction of her alleged damages on an “implied warranty” claim.